Dose any one know if a probation violation is filed when youer arrested for a new charge or after you plead quilty to the new charge ?

Hello again, rain:

After.

excon

Hi to you to I read a lot of youer posts ! How do you know this ? An if that's true I guess its inocent until proven guilty so they can say you plead quilty to the charge on the violation hearing . So my p.o said she wasn't going to violate me for the owi as long as I finished drug an alcohole classes an I thought she was cutting me a break cause I called her an told her I was arrested an asked if there was any thing I could do to not be violated plus my son passed away. I guess she was cutting me a break till I plead guilty to the owi but I feared she was just waiting till I plead quilty to the owi so they could have the quilty plea for the hearing and so they could collect my probation fees till then . But I questioned why she sent me to the classes if she was going to violate me an my probation paper work says if you get arrested you are subject to arrest . What do you think ?

Hello again, rain:

I can't speak to your particular case. However, you are right that you're innocent until proven guilty. Can't be violated for just being arrested.

excon

So much depends on your probation officer. Some really do want to see you succeed. Some just look for a reason to violate you. Finish the classes and stay out of trouble. You were honest with her and called her. That is one good point in your favor. They really do not like you to try and hide things.

It would depend on the circumstances surrounding the arrest. If the arrest occurred under circumstances that are in violation of your probation (such as being out after curfew if you have a curfew as a condition of your probation) then you'd be in violation right away. Otherwise, you technically aren't in violation until you get convicted since you are, at least legally, presumed innocent until proven guilty. But rest assured, after the arrest your PO will be on your tail like flies on honey if (s)he hasn't been already, even if you're not immediately found to be in violation.

A probation officer will not violate your probation as soon as you have pled guilty. You could be found innocent or you could withdraw your guilty plea and go to trial and be found not guilty, in which case there is no violation. The thing is, as a matter of stipulations, most probation offices have the, "Do not be convicted of a new crime" clause. That is a violation so when you are found guilty of a new crime, the violation is submitted. That, however, depends on the judge that put you on probation. If the probation officer has the power to not violate you, as dictate by the judge, then good for you. That probation officer must think you have potential so, don't let them down!

Thank every one for there answers and thank you magprob as well.